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HomeMy WebLinkAbout11.19.01 Council Packet COUNCIL MEETING REGULAR November 19,2001 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Police Department b) Safe Streets Award Presentation - Police Department c) Proclamation Recognizing Reverend Jamie Thompson - Administration 6. CITIZEN COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (11/5/01 Regular) b) Approve Various Licenses and Permits - Administration c) Accept Resignation Heritage Preservation Commission - Administration d) Capital Outlay - Fire Department e) Consider Resolution - Tree City USA Application - Parks and Recreation f) Heritage Preservation Commission 2001 Annual Report - Administration g) NRG Processing Solutions Contract Amendment - Parks and Recreation h) 195th Street Project Change Order - Engineering i) Appointment Recommendation - Administration j) Approve Bills 8. PUBLIC HEARINGS a) Certification of Delinquent Municipal Services - Finance 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) October 2001 Financial Report - Finance b) Charleswood 6th Addition Preliminary and Final Plat - Community Development c) Middle Creek Estates Preliminary Plat - Community Development d) Consider Resolution - ISD 192 Schoolhouse Addition Development Contract - Engineering e) Empire Treatment Plant Expansion - Administration f) Set Workshop Date - Recreational Vehicle Parking in Residential Zones - Community Development 11. UNFINISHED BUSINESS Action Taken Introduced Presented Recopized Approved Approved Accepted Information Received RJOO-OJ Information Received Approved Al'proved Approved Approved RJ01-0J Information Received RJ 02-01 Tabled J2/17/01 RJ03..0J Imormation Received FebrUlUY20,2002 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN COUNCIL MEETING REGULAR November 19, 2001 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Police Department b) Safe Streets A ward Presentation - Police Department c) Proclamation Recognizing Reverend Jamie Thompson - Administration 6. CITIZEN COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (11/5/01 Regular) b) Approve Various Licenses and Permits - Administration c) Accept Resignation Heritage Preservation Commission - Administration d) Capital Outlay - Fire Department e) Consider Resolution - Tree City USA Application - Parks and Recreation t) Heritage Preservation Commission 2001 Annual Report - Administration g) NRG Processing Solutions Contract Amendment - Parks and Recreation h) 195th Street Project Change Order - Engineering i) Appointment Recommendation - Administration j) Approve Bills 8. PUBLIC HEARINGS a) Certification of Delinquent Municipal Services - Finance 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) October 2001 Financial Report - Finance b) Charleswood 6th Addition Preliminary and Final Plat - Community Development c) Middle Creek Estates Preliminary Plat - Community Development d) Consider Resolution - ISD 192 Schoolhouse Addition Development Contract - Engineering e) Empire Treatment Plant Expansion - Administration t) Set Workshop Date - Recreational Vehicle Parking in Residential Zones - Community Development 11. UNFINISHED BUSINESS Action Taken Page 361 Page 362 Pages 363-368 Pages 369-370 Pages 371-373 Page 374 Pages 375-376 Pages 377-379 Page 380 Pages 381-382 Page 383 Page 384 Page 385 Pages 386-387 Pages 388-395 Pages 396-428 Pages 429-441 Pages 442-443 Page 444 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 5/J FROM: Mayor, Councilmembers and City Administrator ~ t, Daniel M. Siebenaler Chief of Police TO: SUBJECT: Safe Streets presentation DATE: November 19,2001 INTRODUCTION Dakota County Courts and the Minnesota Citizens Council on Crime and Justice direct a D WI. offender's program called Safe Streets. Participants in Safe Streets are offenders who enter into a program of treatment and monitoring in lieu of fmes and / or confmement. DISCUSSION The Farmington Police Department has been a day reporting site for Safe Streets for several years. As a day reporting site the Farmington Police Department accepts clients for breath testing three afternoons per week. These breath tests are intended to ensure compliance with Court ordered abstinence from alcohol use. In addition the clients are subject to random home visits and testing by court appointed personnel. The primary benefit of the Safe Streets Program is the low rate of recidivism for offenders. Only a small percentage of clients who successfully complete the program become repeat offenders. A second and untended outcome of the program is the relationship between the client and the police officers. Alcohol offenders generally see officers while in a state of intoxication and view them as the enemy. Similarly, the police officer generally sees the offender in less-than-ideal physical condition and often views them as problems to be dealt with. Through Safe Streets the offender and the officer have the opportunity to meet in circumstances that are not adversarial which in turn allows for a more mutually respectful relationship. ACTION REQUESTED Representatives of Safe Streets will be on hand to give a brief overview of the program and present a plaque to the City. Respectfully submitted, Daniel M. Siebenaler Chief of Police 3t&,/ 5G Proclamation Recognizing The Reverend Jamie Thompson Whereas the City of Farmington recognizes Pastor Jamie Thompson for outstanding service and commitment to his community. Whereas Pastor Jamie Thompson co-founded Building Bridges for Youth, Farmington's Healthy Communities Initiative, a volunteer organization to foster asset building and healthy youth in the Farmington area. Whereas Pastor ~amie Thompson's compassionate and generous leadership has encouraged volunteers to join him in supporting area youth and encouraging asset building behaviors. His enthusiasm and resourcefulness has greatly benefited youth, and the community as a whole. Whereas Pastor Jamie Thompson has regularly and continuously given of his time and talents as a leader, mentor and volunteer in the Farmington School District. Therefore, be it resolved that the City of Farmington recognizes Pastor Jamie Thompson and thanks him for his outstanding service to the community and his constant and continuing support of Farmington youth. Signed this 19th day of November, 2001. Mayor ,3ts,c:? h.., COUNCIL MINUTES REGULAR November 5, 2001 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Soderberg, Strachan Cordes, Verch Joel Jamnik City Attorney, Ed Shukle City Administrator, Jim Bell Parks and Recreation Director, Lee Mann City Engineer, Karen Finstuen Administrative Services Manager, Lee Smick City Planner, Mike Schultz Associate Planner, Brenda Wendlandt Human Resources Manager, Cynthia Muller Executive Assistant 4. APPROv.EA GENDA MOTION by Soderberg, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Boy Scout Troop 119 Mayor Ristow acknowledged the attendance of Boy Scout Troop 119. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Strachan, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (10/15/01 Regular) (10/10/01 Special) b) Approved Joint Powers Agreement Dakota County Task Force - Police Department c) Approved Appointment Recommendation - Finance d) Adopted RESOLUTION R93-01 Accepting Safe and Sober Grant - Police Department e) Adopted RESOLUTION R94-01 Dakota County East-West Cross Corridor Study Collaboration - Engineering f) Approved Disposal of City Property - Parks and Recreation g) Adopted ORDINANCE 001-467 Amending Liquor License Eligibility- Administration h) Approved Request for Senior Center Funding - Townships - Parks and Recreation i) Approved Traffic Control Recommendations - Engineering j) Approved Bills APIF, MOTION CARRIED. 3t,3 --~ Council Minutes (Regular) November 5, 2001 Page 2 8. PUBLIC HEARINGS a) Approved Various Licenses and Permits - Administration A Public Hearing was held to renew On-Sale Liquor Licenses, On-Sale Sunday Liquor Licenses, On-Sale Wine and Club Licenses, and Saunas and Therapeutic Massage Licenses for the following businesses: On-Sale Liquor - American Legion, Farmington Lanes, LongBranch Saloon and Eatery On-Sale Sunday - American Legion, Eagles Club, Farmington Lanes, LongBranch Saloon and Eatery, VFW Club Club Licenses - Eagles Club, VFW Club On-Sale Intoxicating Malt Liquor and On-Sale Wine - B&B Pizza Sauna and Therapeutic Massage - Rite Touch Therapeutic Massage, Sherry Jackson MOTION by Soderberg, second by Strachan to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Soderberg approving the 2002 On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Beer, On..Sale Wine, Club and Therapeutic Massage Licenses for the above businesses. APIF, MOTION CARRIED. b) Consider Resolution - Vacation 01 Right-ol-Way and Easements City Center II - Community Development The Farmington HRA has petitioned the City to consider vacating the remainder of the Main Street right-of-way located directly west of the railroad right-of-way, the Second Street right-of-way lying north of Main Street and also vacating the drainage and utility easement found on the north side of the Farmington City Center plat. In 1974 the City Council approved a section of Second Street be vacated north of Elm Street. In 1993 a portion of Main Street, Second Street and an alley right-of-way was vacated as part of the City Center plat. In 1998 the City Council approved to vacate the portion lying east of the railroad right-of-way to Third Street. Staff recommended vacating the subject rights-of-way and easement to clear the property for the future filing of a plat as part of continued re- development north of the original City Center area. MOTION by Strachan, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Strachan adopting RESOLUTION R95-01 vacating the remaining portion of Main Street lying west of the railroad right-of- way, vacating the remaining portion of Second Street lying north of the Main Street right-of-way and vacating the drainage and utility easement on the north end ofthe Farmington City Center plat. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) September 2001 Financial Report - Finance A report was presented to Council which reviews the September revenues and expenditures. This report will be made available to Council every month. Council was very complimentary of the information contained in the report. 3iP'/ Council Minutes (Regular) November 5, 2001 Page 3 b) Consider Resolution - Meadow Creek Final Plat - Community Development Progress Land Company has submitted the Final Plat for Meadow Creek 1 st Addition. The plat contains 35 single-family lots and 2 outlots bordering the northern propertlline of the Autumn Glen subdivision and the eastern border of Prairie Creek 3r and 4th Additions. The Preliminary Plat was approved by the City Council on August 20, 2001. State statute allows the Developer to reduce the final plat lot count provided that the final plat is a part of the approved preliminary plat lots. A condition of the preliminary plat approval required that corrections and improvements to the grading and drainage problems in Prairie Creek 4th Addition be addressed and restoration of the affected properties be performed during the grading of the Meadow Creek project. The improvement plan proposes that all of the grading work be contained within the platted 10-foot easement along the rear property lines in the Prairie Creek 4th Addition. The Developer will be required to notify property owners if the grading needs to be performed outside of the 10-foot easement. At the October 23,2001 Planning Commission meeting, the Developer understood that no homes within the Meadow Creek 1 st Addition will be constructed until the grading and drainage work is resolved on the rear property lines of the lots in the Prairie Creek 4th Addition. The plat shows 2 outlots, including Outlot A that encompasses a storm water management pond and Outlot B that encompasses the remainder of the plat. Easements are shown on the plat along rear lot lines in the southwest comer of the 1 st Addition and along the southern boundary with Autumn Glen. A 20-foot easement is shown on Lots 3 and 4 in Block 2. A 40-foot easement is proposed along the rear lot lines adjacent to the Autumn Glen subdivision to allow for the existing berm and trees that run between Lots 6 to 19 in Block 2 of the Meadow Creek 1 st Addition. Approval of the Meadow Creek 1 st Addition Final Plat is contingent upon the following requirements: 1. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. 2. Approval of the construction plans for grading, storm water, sanitary sewer and water utilities by the Engineering Division. 3. The Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22, 2000. Mayor Ristow stated he, Councilmember Cordes, staff, MW Johnson, and Progress Land met to discuss the development and were assured that all the drainage easements along Prairie Creek would be taken care of and nothing has changed. These issues will have to be resolved before any building permits are issued. The Engineering Division will determine the resolution of the drainage problems. MOTION by Soderberg, second by Strachan adopting RESOLUTION R96-01 approving the Meadow Creek 1 st Addition Final Plat contingent upon the above requirements. APIF, MOTION CARRIED. 3&5 Council Minutes (Regular) November 5, 2001 Page 4 c) Consider Resolution - Meadow Creek Development Contract - Engineering The Development Contract for Meadow Creek First Addition was forwarded to Council. The conditions of approval are: a) The Developer enter into this Agreement. b) The Developer provide the necessary security in accordance with the terms of this Agreement. c) The Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat. d) The Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22, 2000. There are some unique aspects of this development contract contained under Litigation Settlement in the Development Contract. Item 3 states the Developer must put up a Letter of Credit for the outstanding amount he owes the City and item 4 stipulates the mechanism by which the outstanding amount is paid. The other unique item is building permits will not be issued until drainage problems along Prairie Creek are resolved. City Attorney Jamnik stated the way the contract is drafted a more comprehensive build out was anticipated. The Settlement Agreement was not drafted with a 35 unit phase then a following phase. Everything was lump summed at the front end. If the developer has a financial problem putting everything on the front end, City Attorney Jamnik would be open to a modification. Mr. Warren Israelson, Progress Land Company, stated he received the Development Contract late last week. The amount of the increase in the Letter of Credit, which is over $300,000 for 35 lots is a significant number. He requested the City consider taking a smaller portion of the settlement and applying it to the first phase and the remainder in the next phase. The Development Contract also contains an additional $100,000 staff felt they needed for improvements. The original estimate was based on an actual bid, so Mr. Israelson felt that number should still be valid. Mr. Israelson also requested to pay the settlement amount rather than putting it in a Letter of Credit. The amount of the Letter of Credit is approximately $639,000. City Attorney Jamnik stated there are no improvements being secured by the Letter of Credit. The City's interest can be secured by foregoing some of the amount and keeping it for subsequent phases. The Letter of Credit and security numbers could be revised by dropping that amount and bringing back a new amount. City Engineer Mann stated the reason for the additional amount of $100,000 was due to there being a change in the amount to accurately reflect what was shown in the final construction plans as far as quantities of items. When estimates for Letters of Credit are put together, staff uses bid prices they feel they would get if they were to do the project. The 25% is basically an additional cost that would cover administrative and staff time to actually administer those improvements. As improvements are installed a conscious effort is made to reduce the Letter of Credit. City Engineer Mann agreed that an agreement could be worked out. City Attorney Jamnik suggested the Letter of Credit would not be reduced for the public improvements, because some of that will be used to secure 3C,-&, Council Minutes (Regular) November 5, 2001 Page 5 the litigation settlement. The trade off will be Progress Land will have a lower Letter of Credit up front, but it will not be released at the same pace as normal. The December 22, 2000 Settlement Agreement will be modified. MOTION by Soderberg, second by Strachan adopting RESOLUTION R97-01 approving the execution of the Meadow Creek First Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. d) River Summit Meeting - Administration An invitation was received to attend the first annual "River Summit" on November 15,2001. It is important to Farmington because of the Vermillion River. e) League of Minnesota Cities Policy Adoption Conference - Administration The annual LMC Policy Adoption Conference will be held November 16,2001. The purpose of the conference is to bring together members of LMC to discuss proposed policies of City interest and impact that need to be addressed during the 2002 Legislative session. 11. UNFINISHED BUSINESS a) Set Workshop Date - Traffic Calming Methods - Engineering The Council had requested a workshop to discuss traffic calming methods, specifically speed humps. The workshop was scheduled for February 20, 2002 at 7:00 p.m. b) Set Joint Workshop Date - Zoning Code Update - Community Development This will be a joint workshop with the Council and Planning Commission to discuss updates to the Zoning and Subdivision Codes. The workshop was scheduled for December 12, 2001 at 5 :00 p.m. The public hearing at the Planning Commission will be held in January 2002. 12. NEW BUSINESS a) Consider Resolution - 19Stb Street W, Middle Creek Trunk Sanitary Sewer and Water Main Extension Feasibility Report - Engineering The City Council ordered the preparation of a feasibility report for street and utility improvements requested by ISD 192 for the new elementary school site and other adjacent properties. It is proposed the street improvements and utility improvements be bid as two separate projects due to the different timing needs and financing methods being utilized for the street and utility improvements. The proposed improvements to 195th Street are from Flagstaff A venue easterly to the existing pavement west of Pilot Knob Road, and will be made in cooperation with Dakota County. County Road 64 has been identified as a future four-lane, undivided, minor arterial and is the subject of a continuing study in the County's East-West Corridor Study. The proposed project provides for a 24-foot wide bituminous surface with shoulders and left and right turn lanes at the school access. The proposed design builds the middle two lanes of the future four-lane County road. The County has agreed to include their portion of the funding for the 195th Street project in their program for 2003. 3~'7 Council Minutes (Regular) November 5, 2001 Page 6 The trunk utility project would extend trunk sanitary sewer from the southwestern corner of the Charleswood development to the north side of 195th Street. A trunk water main loop would be completed from the southwestern corner of the Charleswood development to an existing main at the southwest corner of the Troy Hills development. The estimated cost for the 195th Street project is $921,000. The estimated cost for the trunk utility project would be $593,000. The 195th Street project costs will be split between Dakota County, the City and the benefitin! properties adjacent to the roadway. Dakota County has indicated that the 195 Street project will be included for funding in their CIP for 2003. The City would bond for the improvement costs in 2002 and be reimbursed for the County's portion in 2003. The benefiting properties adjacent to the 195th Street improvements would be assessed for their portion of the project costs. The costs for the trunk sanitary sewer and water main would be financed from the City's trunk Sewer and Water funds. MOTION by Soderberg, second by Strachan adopting RESOLUTION R98-01 accepting the feasibility report and calling for a public hearing for the 195th Street West project. APIF, MOTION CARRIED. MOTION by Soderberg, second by Strachan adopting RESOLUTION R99-01 accepting the feasibility report, ordering the project and authorizing the advertisement for bids for the Middle Creek Trunk Sanitary Sewer and Water Main Extension project. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Council member Strachan: Encouraged the Boy Scouts to become interested in local government and to keep up with it as they get older. He also encouraged everyone to vote in the school board election. Mayor Ristow: Thanked the Boy Scouts for attending. 14. ADJOURN MOTION by Strachan, second by Soderberg to adjourn at 8:00 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~ rr7~ Cynthia Muller Executive Assistant 3C,CO City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7j TO: Mayor, Councilmembers and City Administrator € r FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Various Licenses and Permit Renewals DATE: November 19,2001 INTRODUCTION City Ordinance 3-2-5 states that the Council has the authority to approve both On-Sale and Off- Sale Beer Licenses; Ordinance 3-25-7 regulates the granting of licenses for Billiard Halls; Ordinance 3-7-3 regulates the granting of Cigarette Licenses; Gaming Device Licenses are renewed by the City Council after application has been made in accordance with Ordinance 3- 16-2. DISCUSSION The following establishments have submitted their applications for renewal: Beer On-Sale - B & B Pizza, 216 Elm Street Beer Off-Sale - Tom Thumb Superette, 22280 Chippendale Twin Cities A vanti Stores, LLC, 705 8th Street Kwik Trip, 217 Elm Street Super America, 18520 Pilot Knob Road Gaming Device License - Farmington Lanes, 27 5th Street Farmington Billiards, 933 8th Street B&B Pizza, 216 Elm Street Billiard License - Farmington Billiards, 933 8th Street Cigarette License - Longbranch Saloon & Eatery, 309 3rd Street Farmington Lanes, 27 5th Street American Lefion, 10 North 8th Street VFW, 421 3r Street Farmington Eagles Club, 200 3rd Street Farmington Municipal Liquor Stores, 18320 Pilot Knob Road Farmington Municipal Liquor Stores, 305 3rd Street 3~~ Farmington Conoco, 957 8th Street Econo Foods, 115 Elm Street Tom Thumb, 22280 Chippendale Blvd K wik Trip, 217 Elm Street Twin Cities A vanti Stores, LLC, 705 8th Street Twin Cities A vanti Stores, LLC, 18266 Pilot Knob Road Speedway SuperAmerica, 18520 Pilot Knob Road The appropriate forms, fees and insurance information have been submitted with the applications. Police Chief Dan Siebenaler has reviewed the forms and approved the applications for issuance. BUDGET IMPACT The fees collected are as proposed in the revenue portion of the budget. ACTION REQUESTED Approve Licenses for the above mentioned applicants. Respectfully submitted, ~~~ Karen Finstuen Administrative Services Manager 370 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 76 TO: Mayor, Councilmembers, City Administrator e:.). FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Accept Resignation - Heritage Preservation Commission DATE: November 19,2001 INTRODUCTION Glenn Leifheit has resigned from the Heritage Preservation Commission as of November 5,2001. DISCUSSION A copy of the City Commission Appointment Process policy is attached. Staff has researched the file and found that we do not have any applications on file. The term for this vacated seat is through 1/31/03. ACTION REQUESTED Accept the resignation of Glenn Leifheit and include this seat in the search and appointment process held in early January, 2002. Respectfully submitted, ~.g~ Karen Finstuen Administrative Services Manager .37/ COUNCIL POLICY - 101-05-1997 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions~ The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file, the City shall solicit applications for _ appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. 3)01 November 5, 2001 City of Farmington 325 Oak Street Farmington, Mn 55024 Dear Karen Finstuen: In February of2000 I was appointed to a 3 year term on the HPC. A have changed positions on my job and my work hours are such that I am unable to make the meetings. Please consider my resignation from the HPC as of this date. I appreciated the opportunity to serve in this position. Glenn Leifheit 18827 Easton Ave. Farmington, Mn 55024 373 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7J TO: Mayor, Councilmembers and City Administrator -e;. \ FROM: Ken Kuchera, Fire Chief SUBJECT: Capital Outlay - Fire Department DATE: November 19,2001 INTRODUCTION The Fire Department is planning to purchase a multi-use hose bridge set with cribbing and a portable hose tester. DISCUSSION The hose bridge will make it possible to drive over any size fire hose. This will protect the hose as well as vehicles. The cribbing will have numerous usages for Rescue as well as Fire. With the fire hose tester, multiple hoses can be tested at one time. Periodically this unit will be used to test worn and damaged hoses. BUDGET IMPACT Approved in the 2001 Capital Outlay Budget. ACTION REOUESTED F or information only. Respectfully submitted, ~k'~ Ken Kuchera Fire Chief 3"'}</ ~OlV in Stoq. Turt'/e. Plastics liose" Bridge Dimensions 72" Length 24" Width 6 ~" Height Weight per set: 1991b. Each Piece is 5Olb. Price Per Set $849.00 / A set includes 4 pieces Creating 2 complete Ramps . .' croSS) /' Osl /'AfI . pi Vi V'" -fig *r/B'.1 ~p c~ croSsJ. c/fJtll) " proj/B 1'Jl11 JYJ,pitJgs / j" fi fitJ# {eS 1'()#()st Of;" (4 ~ttI) *V:ttJ~~()(B . tJ) j-- S" fiC. j" fiC;:{j 1 / ?11/ j61 J I'D' .' h"~' d"~''': ~" b.'~"'* II . .. . .' ". . . " ", ,;, .. -. 'i:" ,_ ": :", : :~ >- ,(.- . ~.' " '-' . -~ :~~": ,:' --~ - ;';, ", ," -:-,; ~ -:' ':J :,.- .: ," ~. ~.:.'; .: .~: ':' ; ..' f f: .'.....:.:.;.,'..' j . ..'. , . j-- .5 1!iIttlc[!li1,stics- .,IJ'<f Ii? 'i;!~f.r 74SOJt./bdllsttiaLDiltku'tlY' Loraih, Qhio.44fJ53 *~'" ..: d.... R" ), ..... ~.. d"R:~ 'r R.1J0'11(::.44. .., 'f)~282;'B{J. 08' .". ..... .~.;. .'i ~'" ..... .,:1;....1:" m'.;,::", '.' '.. ",:~: ! ; """'.'.'.~i' : e".""./ :'.' ...,.... as:..: '.' .......~., ....."....... ..... l1 onn 4rll"7'1'r,o.l'~ .,; ..; . ."; " '.' '. o"!; if ...: :5 ., i'i .~ '; ':,', ::',". :"." " ". cax: ouv~. V 1_,.' .lit ~..:,.:., ,., ,;:, ..:'.:: ,::' ::, ",.,:: ,': .': .,~':,'-, ,"~. >:" d": i: _ '::.-: .."" """- : . . - . ." - . . 8/01 TURTLE PLASTICS 7450 A INDUSTRIAL PKWY. . lORAIN, OH 44053-2064 440 .282.8008 . FAX / 440 .282.8822 or 800. 437.1603 e mall: sales@turtleplastics.com . www.turtleplastlcs.com New Product: Lincoln Logs Slip Resistant Discussion and History When we originally introduced DURA CRIB plastic cribbing, the main idea was to have a NON- ABSORBING product that would be resistant to gasoline, oil, blood, etc. In making it non- absorbing, it also became slicker than is desirable. We have reacted with three solutions: 1. New "Checker Board" Pattern - with weight it locks tight (Standard Cribbing) 2. DURA COAT -Factory or field applied coating with rubber tire chips for more slip-resistance. Dura Coat can be applied to any Dura Crib Product or surface (Adder to Standard Cribbing) 3. Lincoln Logs - (New) . Pridng: Dealer: $ 20.25 .'\)Q.u.-dJi/ Speciall Close Out Of Old Styled Lincoln Logs! Same idea as above, but uses standard cribs with the notches ROUTED out. Only $ 9.93 each in black Locks positively for a 2 or 3 box crib! ( Add 20 % for yellow) Send Samples: Company: ill Name: New Lincoln Log Address: State: Zip: ill Old Style Lincoln Log City: Phone: ill Dura Coat Crib Fax: (Fax this back to us at 800-437-1603 for samples) .. Made from recycled paper\." 19M ON\VAY Fire Ap,-,"ua & !qulpmant 907 Whllew.., A.IJ.. SI. CI\arIet, UN SSll72 1-aoo..l>>-1lI1l11 . .w.r.a2.liIl!6 FAX: .o1M_ TANKERS CU810l.l PUMPERS COMMERCIAl. PUMPERS r.tI~LlMPERS RESCue TRVCKS AMlWLANCESJSUPPUES ACCeSSORIES USED TRUCKS * 'HJ~T.AI lr~ OiN H 002910 roo PLEASE CATE THE ABOVE NlJlASEA EN ORDERING fARHINGTON rIRE DEPARTMENT ATnI: BOB CURT'tS 315 Oak Street FARKINCTO~, MINN 55024 rQ..lQTATIOIo iin----r r _.._J0I31/01 ! . IIHCllJ:NYClAll!! I I I \. -1 , ._--_._--_.~ le~it",.OiIrE~':;...::.:-:~.i,:...;i;II&\il;; ...... ;;.~:::.~::: ;;;, ~::,:,.;f'):.:'...:... t:\, ': '; .'" ," '::<':;:,:~;:;'I::~ . Sl,~OO 00 ~... ...~ . "':'... 4 WEEKS .,: .....,.,..'.."'1...... ....,. <:;Oi!Affi:'tt:':~.,i :,,;:~r:/:; .X;' ,:'. : 1 DELTA HOSE I ",9.:.~ ~ ~'; .:.. ...j~sc;~,~l~a,.'tfr2~~f\ TEST~R, MODEL 'HT-1250 ;,. ~'.; .,. 4 FA. 2 Ea. 1%" lisr RICID PEMALE 8"21 IilST :!tALE AD.l.PTER 1~ NST lUGID FEMALE BY 4" STORZ ADAPTER 1, NST FT.MAl.1! BY 5" STOU ADAPn~S $40 00 2 Ea. s l;190 I 00 S250.00 I T AL $1,960. ?O 128. 0 $2,108. 0 6.5% OTAL I ., : I: ll'RIlI<THI INCLU ED'. I' I J . ~:4r~:ll:41-$.~rH!:Jit}~i~'l'~ ~.!lrl!'.~l::2,'E~;'lfi'j.:;i:.:;f.:'.~;t:'~ta:.:OJ:!iiFi~:iif1.if.m:!f:'E:~~'~!;'\::;:?':;;1;;':' ~N'" D 1'0 til.8Ur T _QUOTA'I1ON"""''l'OlMCClHIID<:....11ON. $HO(fUl "'" PLX/E NO 0RllEft,'" """"ROO IT ' QU<)T& Hili nOT c:oHllITlOHaI'NNTI!DOHIII!'II:"_.'l1E.NIDIlH,ouOfOA ..~ DAYII.TIEREN'lERI1~ 'if.......:n ".-. "'i",,:,~;;;,~....J 'I" :''''''t:: ,J "::'~...'l.,-';' l:.~;.,,,{\.",,,,,,,-,+ I ._11< . j:I..-" ,~, .... . ..d......' R~W OWl ~TAngmQN. THIS T TO ctlANGE WI1HOUT NOTIOE. BY ACCS'~D_.. ______.____. ,.~..., __ ~Te; . I C7l' . (1.101.1.1 . -iLL ~~ F onn B-4 CAPITAL OUTLA Y REQUEST FORM 1. Budget Year: 2001<(6 FI rZ-e . 2002 ( ) 2003 ( ) 2004 ( ) 2005 ( ) 2006 ( ) 2007( ) 2008 ( ) 2009 ( ) 2010 ( ) Prepared by: 350 k-[~ Type or Capital Outlay (Check one) /' 4510 Operational Equipment ( V( 4520 Vehicle ( ) 4530 Misc. Office & Furn. () 4540 Heavy Equipmt ( ) 4550 Building Imp. ( ) 2. Department Cost Center 3. Type of Request: Replacement Item ( ) 4. Descripti~n OUW Quantity of Ite"fs requ.ested: ~i-P.lQALt ~ ~-dL ~ ~tVt, / w ~ w hLtl5. :~~;~~~e~~~~~ wd- n. ~ ~ W~ };f~'~ w~J~:F~~. 6. Additional ex nses required (Personnel, training, insurance. operational expenses, etc.) T~~ w;jfl ~(jMvU Jv; ~ 4/\/; cA5f- 7. List any items, ifany, being replaced by this purchase: ,JIA- Proposed disposition of item to be replaced: Auction sale Trade-in Transfer to another activity _ Estimated amount of sale or trade-in $ Source: 8. Expenditures (Do not deduct trade-in allowances) Quantity id1:lf-- Unit Cost 3~ 0 0 . Q a Total Cost :3 I CJ 5. tJ Cl Sales Tax / 1$ ~ 12. Please check the priority of the requerubmitted: _1. Mandatory _2. Significant /3. Moderate 4. Desirable 5. 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US & Canada 800-953-7428 or 909-696-7744 Page 4 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us k TO: M C '1 b C' Ad . . ~. ~. ayor, ouncl mem ers, Ity mmlstrator FROM: James Bell, Parks and Recreation Director SUBJECT: Adopt Resolution - Tree City USA Application DATE: November 19, 2001 INTRODUCTION Council consider the adoption of a resolution authorizing application for the City's Tree City USA designation. DISCUSSION The City has received the Tree City USA designation the past number of years. Council adoption of the attached resolution will authorize the application for the Tree City USA designation for 2001. This designation honors cities that have demonstrated a commitment to forestation efforts in their respective communities. ACTION REOUESTED Adopt the attached resolution authorizing the application for the 2001 Tree City USA designation. Respectfully submitted, l~~ James Bell Parks and Recreation Director 375 RESOLUTION No. R -01 APPROVE APPLICATION FOR TREE CITY USA DESIGNATION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of November, 2001 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City of Farmington has been designated a Tree City USA in the past; and, WHEREAS, it is in the best interest of the City to become a Tree City USA. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby directs staff to submit an application to the National Arbor Day Foundation for the 2001 Tree City USA designation. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of November, 2001. Mayor Attested to the day of November, 2001. City Administrator SEAL 37~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: M C '1 b C' Ad . . { <. ayor, OunCl mem ers, lty mlmstrator FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Heritage Preservation Commission 2001 Annual Report DATE: November 19,2001 INTRODUCTION The Heritage Preservation Commission is required by ordinance to make an annual report to the City Council. DISCUSSION Attached is the annual report submitted to the State Historic Preservation Office for the purpose of documenting the City's performance as a Certified Local Government (CLG). The report contains information on the activities of the HPC during the Federal fiscal year which began October 1, 2000 and ended September 30, 2001. ACTION REQUIRED This is for your information only. Respectfully submitted, Jitu- ~~ Karen Finstuen Administrative Services Manager l-f' J7,? CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT FEDERAL FISCAL YEAR 2001 Prepared by Robert C. Vogel Preservation Planning Consultant October 1, 2001 This report is submitted to the State Historic Preservation Office (SHPO) of the Minnesota Historical Society for the purpose of documenting the City's performance as a Certified Local Government (CLG) during Federal fiscal year 2001, which began October 1, 2000, and ended September 30, 2001. 1. National Register Nominations There were no National Register nominations during the past year. Three properties in the city are currently listed in the National Register: the Akin House, the Exchange Bank Building, and the Church of the Advent. 2. Local Designations The city council designated the following historic properties as Farmington Heritage Landmark by resolution: Fletcher Building, 345 Third St. Masonic Temple Building, 324-328 Third St. Farmington State Bank Building, 320 Third St. Hamilton Clay House, 621 Oak St. 3. Permits Reviewed There were no applications for city permits that would affect a designated historic property . 4. Historic Properties Surveyed The number of historic properties included in the city's historic resources inventory did not change. The Heritage Preservation Commission continues to collect and analyze historical and architectural data on properties recorded at the reconnaissance level. 37? 5. Heritage Preservation Commission Ms. Beverly Marben, who had served as HPC chairperson since February, 2000, resigned from the Commission in June, 2001. The vacancy was filled by Timothy Rice. 6. Other Activities . The city celebrated Historic Preservation Week (May 13-19, 2001) with a proclamation and a public lecture on local architecture history by preservation planner Robert Vogel. . The HPC held a series of informational meetings and workshops to educate city officials and property owners about the benefits of heritage landmark designation. . HPC staff continued to work on implementing the policies contained in the Historic Preservation Element of the Farmington 2020 comprehensive plan. 377 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us ~ TO: M C "I b d. d." ~~ ayor, ounCI mem ers an CIty A mmIstrator FROM: James Bell, Parks and Recreation Director SUBJECT: Amended Addendum to Agreement - NRG Yard Waste Facility DATE: November 19,2001 INTRODUCTION & DISCUSSION The City of Farmington has a joint powers agreement with the cities of Lakeville, Apple Valley, Rosemount and NRG Processing Solutions, L.L.C. for the NRG Yard Waste Facility on Pilot Knob. The agreement terminates December 31, 2002 and the last year is reserved for site tear down and clean up. The cities and NRG would like to amend the contract so that after February 16, 2002 NRG will still be allowed to accept materials at the Pilot Knob Road site and transfer them to another site for processing. BUDGET IMPACT The agreement requires no financial commitment from the cities. ACTION REQUESTED Approve the amended addendum on the existing contract. Respectfully submitted, ~~~ J ames Bell Parks & Recreation Director 3<i?o City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 74 ~.\ TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 195th Street Project Change Order DATE: November 19,2001 INTRODUCTION Forwarded herewith for Council consideration is Change Order No. 2 for the 195th Street Project. Change Order No. 1 was a request by the contractor in regards to the completion date for the project, which has not yet been brought before Council. The project will be substantially completed this fall and the requested change in completion date is expected to have no impact at this time. DISCUSSION The attached change order is in the amount of $63,196.23. The change order items include minor storm sewer modifications and signage at the intersection of 195th Street and Akin Road. The majority of the cost in the change order is due to additional required replacement of unsuitable soils in the roadbed. BUDGET IMPACT The total amount of the change order is $63,196.23. This amount is within the project contingency. The original construction budget on the project was $998,900. The bids for the project came in at $695,122.37. The revised contract amount with the change order will be $758,318.60. ACTION REQUESTED Approve Change Order No.2 for the 195th Street project in the amount of$63,196.23. Respectfully Submitted, ~m~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file 3~1 j /UI Bonestroo fit Rosene 'W\lI Anderlik & 1 \J 1 Associates gineers & Architects Owner: City of Farminmon, 325 Oak St., Farmington, MN 55024 Date November 5,2001 Contractor: Arcon Construction Inc., 43249 Frontage Rd., Harris, MN 55032 Bond No: Bond Comoanv:Cedarleaf, Cedarleaf & Cedarleaf, Inc.-MN, 360 W. Larpenteur Ave., St. Paul, MN 5511190-009-683 CHANGE ORDER NO. 2 195TH STREET EXTENSION BRA FILE NO. 141-00-137 Descriotion of Work Item 1 - Added storm MH and modified outlet to accommodate grade transition. Item 2 - Additional common borrow required due to additional removal of unsuitable materials. Item 3 - Additional signage for permanent 4-way stop at 195th 81. and Akin Road. Item 4 - Temporary signage for 4-way stop at 195th St. and Akin Road. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO.2 Add Manhole and modify outlet EA $3,492.76 $3,492.76 2 Common borrow (CY) CY 12000 $4.90 $58,800.00 3 Sign panels, Type C SY 4.7 $22.44 $105.47 4 Temporary Signage LS $798.00 $798.00 Total CHANGE ORDER NO.2: $63,196.23 14 100 137CH02 3<6'~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7;' TO: Mayor, Councilmembers, and City Administrator~ \. FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: Appointment Recommendation - Department of Parks and Recreation DATE: November 19,2001 INTRODUCTION The recruitment and selection process for the appointment of a full-time Park Keeper to fill a new position authorized in the 2001 Budget in the Parks and Recreation Department, has been completed. DISCUSSION After a thorough review of applicants for this position by the Parks and Recreation Department and the Human Resources Office, an offer of employment has been made to Mr. Jason Place subject to ratification by the City Council. Mr. Place has been employed in a seasonal capacity with the City both at the Arena and in the Park Maintenance Divisions performing a variety of functions. He was previously employed with Farmer's Mill and Elevator providing ground maintenance and customer service. BUDGET IMPACT Funding for this position is authorized in the 2001 budget. RECOMMENDATION Approve the appointment of Mr. Jason Place as Park Keeper in the Department of Parks and Recreation, effective November 20,2001. Respectfully submitted, // - J /' 1,4 , ~u..... ~~~~1- , Brenda Wendlandt, SPHR Human Resources Manager :3~3 So- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us Mayor, Councilmembers, City Administrator f ~ TO: FROM: SUBJECT: Robin Roland, Finance Director Consider Resolution - Certification of Delinquent Municipal Services to 2002 Tax Rolls DATE: November 19, 2001 INTRODUCTION The City's municipal services (utilities) experience delinquent accounts similar to private enterprises. DISCUSSION Minnesota State Statutes 444.075 grants municipalities the authority to certify delinquent utility accounts to property owners' real estate taxes as a special assessment for collection. This statute provides the City with the ability to collect unpaid accounts without incurring significant administrative costs. All property owners with delinquent utility bills (over 90 days overdue) were mailed notices and may pay their delinquent amount by December 1, 2001 to avoid certification. The notice advised delinquent utility customers that the City Council would consider this item on November 19, 2001 at a public hearing. BUDGET IMPACT At the time of notice, 386 accounts in the total amount of $156,983.53 were outstanding. Payments have been received and applied to account balances in the interim. Only those accounts with delinquent balances remaining after December 1, 2001 would be certified to the tax rolls as a one-year special assessment. ACTION REQUIRED Adopt the attached resolution certifying the delinquent accounts as special assessments to the 2002 taxes of the appropriate properties. Respectfully submitted, ~J Robin Roland Finance Director ..3~5 PROPOSED RESOLUTION R . 00 CERTIFYING DELINQUENT MUNICIPAL SERVICE ACCOUNTS TO THE DAKOTA COUNTY TREASURER/AUDITOR Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of Farmington, Minnesota, was held in the Civic Center of said City on the 19th day of November 2001 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the City has provided sewer, water, storm water and solid waste removal services to users of the municipal utilities; and WHEREAS, the City has invoiced these users for the services and payment on some of these invoices is delinquent; and WHEREAS, Minnesota Statute 444.075 allows the City to certify charges associated with the municipal services as special assessments with the County Auditor, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, that: 1. Delinquent charges associated with the municipal services shall be certified to the County Auditor for collection as special assessments. 2. The special assessments shall be due and payable over a term of one (1) year at an annual rate of eight (8.0) percent. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of November 2001 . Mayor Clerk/Administrator Attested to the day of ,2001. 3C;S-5 /Q CITY OF FARMINGTON SUMMARY OF REVENUES AS OF OCTOBER 31, 2001 83.33 % Year Complete $ $ % $ % GENERAL FUND Property Taxes 1,794,534 364 911,081 50.77 877,322 55.27 Licenses/Permits 809,175 192,733 908,342 112.26 742,035 95.53 Fines 55,000 6,130 71,095 129.26 56,419 80.60 Intergovernment Revenue 1,144,220 127,511 731,646 63.94 663,234 58.68 Charges for Service 209,000 4,429 117,630 56.28 173,366 62.33 Miscellaneous 234,000 36,106 210,473 89.95 172,592 - -68.98 Transfers 375,000 32,041 313,291 83.54 243,756 126.63 Total General Fund 4,620,929 399,314 3,263,558 70.63 2,928,724 68.35 SPECIAL REVENUE HRA Operating Fund 82,000 3,233 3.94 42,466 55.15 Police Forfeitures Fund 2,000 500 13,523 676.15 4,400 66.67 Recreation Operating Fund 288,057 103,467 245,147 85.10 112,595 100.85 Park Improvement Fund 102,000 31,442 119,635 117.29 76,907 43.09 ENTERPRISE FUNDS Ice Arena 203,000 27,608 132,718 65.38 117,072 53.53 Liquor Operations 2,356,500 185,236 1,935,217 82.12 1,802,555 85.63 Sewer 1,068,500 160,450 1,192,659 111.62 701,530 73.85 Solid Waste 1,220,000 2,917 889,523 72.91 803,817 79.19 Storm Water 225,000 4,166 179,884 79.95 189,228 126.15 Water 1,270,000 69,971 1,135,951 89.44 1,095,921 121.77 Total Revenues 8,854,486 795,169 6,982,424 78.86 7,875,215 101.80 3?6 CITY OF FARMINGTON SUMMARY OF EXPENDITURES AS OF OCTOBER 31, 2001 83.33 % Year Complete GENERAL FUND Legislative 82,556 6,783 55,546 67.28 39,919 56.06 Administration 290,036 26,293 260,572 89.84 232,209 80.37 Personnel 110,263 4,186 88,709 80.45 67,886 70.87 MIS 42,970 1,248 43,658 101.60 24,853 64,79 Elections 3,775 65 3,588 95.04 9,373 43.76 Communications 58,470 3,920 48,380 82.74 47,498 79.92 Finance 331,591 25,777 282,583 85.22 263,397 83.73 Planning/Zoning 129,571 10,076 108,409 83.67 95,975 79.48 Building Inspection 221,247 19,157 187,436 84.72 176,568 79.04 Community Development 91,933 6,117 66,422 72.25 68,176 81.93 Police Administration 308,430 20,955 244,544 79.29 213,963 80.14 Patrol Services 961,213 61,754 708,832 73.74 627,871 79.60 Investigation Services 81,362 9,083 67,864 83.41 56,030 76.80 Public Safety Programs 60,704 5,723 49,546 81.62 47,512 87.14 - Emergency Management 11 ,400 3,131 17,728 155,51 277 19.79 Fire 293,577 7,335 162,791 55.45 185,417 70.57 Rescue 36,988 278 30,707 83.02 26,196 74.10 Engineering 242,481 18,176 195,768 80.74 135,774 68.58 G.I.S. 19,083 130 3,627 19.01 7,703 53.68 Streets 323,654 28,129 256,811 79.35 251,852 88.51 Snow Removal 70,843 3,728 64,790 91.46 37,373 64.28 Signal Maint 87,204 4,534 53,867 61.77 56,672 72.80 Fleet 72,873 8,168 65,434 89.79 45,451 77.33 Park Maint 240,557 14,301 251,885 104.71 194,962 84.61 Tree Maint 72,482 2,445 27,669 38.17 29,033 81,72 Building Maint 103,542 5,887 90,060 86.98 71,264 77,07 Senior Center 0 0.00 60,704 75,22 Recreation 151,069 7,457 98,348 65.10 88,592 78.30 Pool 0 0.00 108,035 97,30 Outdoor Ice 29,909 329 10,255 34.29 6,908 49.52 Transfers Out 110,707 92,256 175,286 158.33 16,668 83.34 Total General Fund 4,640,490 397,422 3,721,116 80.19 3,294,111 78.64 SPECIAL REVENUE HRA Operating 80,965 40,021 49.43 43,547 54,62 Police Forfeitures Fund 3,355 66 10,852 323.46 18,422 135,32 Recreation Operating Fund 281,860 22,279 259,986 92.24 106,920 95,76 Park Improvement Fund 50,000 128,610 257.22 91,784 32.38 ENTERPRISE FUNDS Ice Arena 210,633 16,384 169,561 80.50 149,311 63,85 Liquor Operations 2,251,923 187,705 1,837,409 81.59 1,670,992 84.55 Sewer 869,291 83,103 737,686 84.86 766,208 80.14 Solid Waste 1,175,377 71,807 966,517 82.23 681,087 80,73 Storm Water 84,665 19,149 143,738 169.77 180,500 514.20 Water Utility 469,387 88,299 589,153 125.52 402,107 125.35 Total Expenditures 10,029,926 866,998 8,450,058 84.25 7,206,067 80,12 3<iJ7 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us /06 TO: Mayor, Council M~bers, City Administrator~.. \.. FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Consider Resolution - Charleswood 6th Addition Preliminary & Final Plat DATE: November 19,2001 INTRODUCTION Newland Communities proposes to replat the Charleswood 4th Addition in an effort to correct a property line adjustment between Newland Communities and Bob Donnelly, 20080 Flagstaff Avenue. The Charleswood 6th Addition plat identifies three lots that are affected in the property line shift including Lot 1 Block 1, Lot 2 Block 1, and Lot 1 Block 2. The total area of the Charleswood 6th Addition plat is 0.71 acres or 30,779 square feet. DISCUSSION The Charleswood 6th Addition is located on the southwestern edge of the Charleswood development along 200th Street. Mr. Donnelly's property is adjacent to the Charleswood development on the west. A fence owned by Mr. Donnelly currently exists on the Charleswood property owned by Newland Communities. Since the fence has existed for a number of years on the property owned by Newland Communities, Minnesota State Statute allows an adverse possession to take place. Newland Communities is in agreement with the adverse possession. Therefore, the Charleswood 4th Addition plat needs to be replatted to take into account the fence line owned by Bob Donnelly. The property line shown on the Charleswood 4th Addition plat has moved approximately 2 to 4 feet to the east in the rear lots of the Charleswood 6th Addition plat on Lot 1 Block 1, Lot 2 Block 1, and on the side lot of Lot 1 Block 2. With the property line adjustment, the square footages of the three lots has decreased, however, the lots continue to meet the City's minimum lot size of 10,000 square feet. The revised lot areas are as follows: Lot 1 Block 1 = 10,019.7 square feet Lot 2 Block 1 = 10,018.2 square feet Lot 1 Block 2 = 10,467.5 square feet 3~ ACTION REQUESTED Consider adoption of the resolution approving the Charleswood 6th Addition Preliminary and Final Plat contingent upon the following: 1. The Final Plat approval is contingent on the approval of the construction plans for grading, storm water and utilities by the Engineering Division. }ZlY(~ Lee Smick, AICP Planning Coordinator cc: Steve Juetten, Newland Communities 3?i9 RESOLUTION NO. APPROVING PRELIMINARY FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT CHARLESWOOD 6TH ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of November, 2001 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking preliminary and final plat review and approval of Charleswood 6th Addition; and WHEREAS, the Planning Commission held a public hearing for the preliminary and final plat on the 13th day of November, 2001 preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the Charleswood 6th Addition Preliminary and Final Plat at its meeting held on the 13th day of November; 2001 and WHEREAS; the City Council reviewed the Charleswood 6th Addition Preliminary and Final Plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above preliminary and final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. The Final Plat approval is contingent on the approval of the construction plans for grading, storm water and utilities by the Engineering Division. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of November, 2001. Mayor Attested to the _ day of November, 2001. City Administrator 3~O APPLICATION FOR PLAT REVIEW DATE: October 1,2001 PLAT NAME: CHARLESWOOD 6th ADDITION LOCATION: Lots 17 and 18, Block 1, Charleswood 4th Addition and Lot 1, Block 3, Charleswood 4th Addition AREA BOUNDED BY: Charleswood 4th Addition to the north and east, wetlands to the south, School District property to the east north and Donnelly Property to the west. TOTAL GROSS AREA: _.71_ acres (30,779 square feet) ZONING DISTRICT: R-3 Planned Unit Development NAMES AND ADDRESS OF ALL OWNERS: Astra Genstar Partnership, L.L.P., 11000 West 78th Street, Suite 201, Eden Prairie, Minnesota 55344. PHONE: (952) 942-7844 NAME & ADDRESS OF LAND SURVEYORJENGINEER: 7599 Anagram Drive, Eden Prairie, Minnesota 55344. Westwood Professional Services, NAMES & ADDRESS OF ALL ADJOINING PROPERTY OWNERS AVAILABLE FROM: See attached list. PLAT REVIEW OPTION: Preliminary and Final Plat PRELIMINARY & FINAL TOGETHER: Yes IN SEQUENCE: PRE AND FINAL PLAT ADMIN. FEE: PRE PLAT SURETY: I HEREBY CERTIFY THAT lAM (WE ARE) THE FEE OWNER(S) OF THE ABOVE LAND, THAT THE PERSON PERPARlNG THE PLAT HAS RECEIVED A COpy OF TITLE 11, CHAPTERS 1 THRU 5, ENTITLED "SUBDIVISIONS" AND TITLE 10, CHAPTERS 1 THRU 12 ENTITLED "ZONING" OF THE FARMINGTON CITY CODE AND WILL PREPARE THE PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED THEREIN. r~\ @: @ r~ 0'07 @, ~ ~Fff=) '1~\'11 OCT -22001 ll,!UI s~~~~ U \~ ,l!jJ DATE/ / . ADVISORY MEETING: 1. SKETCH PLAN 2. STAFF AND DEVELOPER CONSENSUS otpMv~~11;;;/ 39/ ':1.; .., o;>.~Q "-Q ~1i i~~ ~ g.~ "':>--~ l[i "'l -~~ r![ g, :>-0 h ~ H . ~~ ~ ~~ so" s ,,~~ 1~1 C;;'~ ~ il ~;~ [~ ,*,,,, ~~ ~PI H~ g s !S. g S ~ !t '" " 't S:;::a.. g ~ 0 s ~,,~ !:> S '" "'3 "~ili' "-~ 0> " c(j;. I r~1 ~~ SJ> I. ~' ~ 5~ ~ 0 I 03 i:s ... I -! s 5'" 8' ~ " 'Is II '" Q 8' ~ ~ ~I -'" ;, 0 OJ'' fi ... 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N~ ~O ~ ~ T I I I ge ':J~s ',./1 3N " af./I JO aU!I IS<JM.J ~ t .... ~" 't',.... ",,~ o K 01 ~ ~ 00 '~f >- 0.. o '-' >- J- - '-> ~ ~ f6 I -- t6.t6{' " 3.90"r GOON -.. '00'" O~ aoOMS37~'v'H:) " '.,. IOllno JO <lUll IS<JM j . Q ,SJ <:) fJ ...~ " (#" C/ , " /' ..,; <:) -./- \ ,\~ \ 60 ~'\" \ \) , ~ \ 1-- \ I J .- - l' '< 1 I ,J, IJ:: :--, L ~ ~ ~~ ~, ~2 ~~ ~ ~ Z 1;>9c-..-0 I;>I;>~ ~u,,_... Os ~6oO' ".0} ./~O' ~ .ey O.:)I./~ Ju""i.<.I, 'P""""o . (uJ.' ~oS'o " ./0 ""PI ..7'0 .'If 'J :.:7 1.1 0 :.9"" , , , -J.... , , ~ ~ , , ~ s::> ~ _ <IV' ,,- ' - "- , ...... 'J' ,<', , ... <J' <..) ~c < I" ..) l,ra'(- ) l() '.-, . ..~ ~/c t-.I... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /Oe, TO: Mayor, Council Members, City Administrator f t FROM: Michael Schultz Associate Planner SUBJECT: Middle Creek Estates Preliminary Plat - Middle Creek Planned Unit Development DATE: November 19,2001 INTRODUCTION Arcon Development, Inc. and D. R. Horton is seeking approval of the Middle Creek Estates Preliminary Plat. The plat consists of26 single-family lots on approximately 40.74 acres ofland and is located south of the Pine Knoll neighborhood and west of Akin Road. DISCUSSION The applicants, DR Horton and Arcon Development, are seeking Preliminary Plat approval for the 26 single-family lot Middle Creek Estates plat; the plat is a part ofthe overall Middle Creek Planned Unit Development. The plat is located directly south of the Pine Knoll neighborhood and west of Akin Road, situated on top of a wooded ridgeline that slopes toward two wetlands and the Middle Creek tributary. The development will be secluded with only one proposed access off of Akin Road that forms a 1,410-foot long cul-de-sac. The Planning Commission also approved a 910-foot variance to allow for the cul-de- sac (see attached memo). A land swap arrangement has been verbally agreed to with Michael & Patricia Haley to swap a comer of their property with Outlot B, located behind their property, to allow for the access into the property. The developers have indicated that because this property has a high aesthetic value due to the natural terrain and features that the housing within this development would likely be within the $300,000 to $500,000+ range. Development of this site is anticipated to begin this spring. Planning Commission Decision The Planning Commission held a public hearing on November 13, 2001 and forwarded a recommendation of approval based on the below listed contingencies as submitted by staff and amended by the Commission at the meeting. Some of the issues have since been resolved and the status of each is shown in italic after each contingency. 3~c; 1. All Engineering comments are addressed as given within the letter dated October 22, 200 I from Lee Mann, Public Works Director/City Engineer that include: I. The developer should realign the driveway of the existing home located to the north of the access to Akin Road in order to access from the proposed roadway. This will allow a safer turning lane into the development; Status: The developer has a verbal agreement with the Haley's to swap the needed right- of-way access with Outlot B shown on the plat. City staff met with the developer and land owner earlier this year, which the property owner appeared to be in agreement with the land swap. Il. The developer needs to determine where wetland mitigation will occur for the impacts on wetland #2; Status: A wetland mitigation area has already been constructed by the developer on the site but has not formally been approved by the TEP panel. The developer is claiming that there is enough wetland created to create a "bank" for future wetland impacts. John Smyth, Bonestroo Rosene Anderlik & Associates Engineering, the City's wetland consultant, is requiring that the developer complete a wetland impact application and follow the formal process. The developer's EA W identified two potential wetland mitigation sites, one located south of the MN DNR wetland within the future park area. lll. Additional fire protection coverage should be added for Lots 13 and 14, Block 2 to cover the minimum 225-foot radius from hydrants. Status: New plans have been submitted identifYing that the fire hydrant was shifted to the other side of the road to cover lots 13 and 14. 2. The developer address all comments given in a letter dated October 30; 2001 from Lee Smick, Planning Coordinator that include: I. Outlot A be split into wetland area and parkland dedication; Status: The developer is amenable to splitting Outlot A to identifY actual parkland dedication. This boundary line will be shown on the final plat. Il. A Conservation Easement be dedicated to protect the vegetation; Status: The developer has agreed to file a separate Conservation Easement document with Dakota County; the County will not accept these type of easements to be identified on a final plat. Ill. Require a tree inventory to determine removal limits of trees on the property; Status: City staff and the developer's engineer are in the process of scheduling a date to walk the site to identifY older growth trees and will determine which trees can be saved as part of the plan. The study area will include only that area from house pad to house pad and not the entire plat. 3Cfl IV. Require a sidewalk on one side of the 28- foot wide street; Status: The developer is agreeable to installing a sidewalk on one side of the street that willleadfrom Akin Road to the trail head recommended between Lots 1 & 2, Block 2. v. Additional landscaping be required surrounding the storm water management pond in Outlot G; Status: City staff has recommended that additional landscaping be added around the storm water pond, especially in areas where vegetation will be lost in order to construct the pond. The developer is willing to add additional landscaping in this area. 3. The Parks & Recreation Division recommends a trail be installed between Lots 1 & 2, Block 2 within the 20-foot wide drainage & utility easement; Status: The developer is agreeable to constructing a trail head between Lots 1 & 2, Block 2 that will lead to the future park area. 4. The developer address comments from the Heritage Preservation Commission involving the identification and protection of the Presbyterian Cemetery; Status: The developer is agreeable to establishing property boundary markers at each corner of the cemetery and to conduct another survey to identify if there are any additional markers outside of the property. The developer added that they should not be responsible for establishing a fence around the perimeter for protection. 5. The developer complete a tree inventory and submit a tree preservation plan to be reviewed by the Planning Commission and approved by City Planning staff. Status: The developer is willing to complete a tree inventory of the area from house pad to house pad and is currently being coordinated with City staff. Area Summary of Plat The following is a summary of the acreages for each area: Total Area Total Lot Area Total Outlot Area Total Right-of-Way Largest Lot Area Smallest Lot Area Average Lot Area Gross Density Net Density Transportation 40.7428 acres 11.2115 acres 27.1774 acres 2.3539 acres 35,127 square feet 12,150 square feet 18,783 square feet 1.95 Units/acre 2.32 Units/acre The developer is proposing a secluded single-family lot development with a single access off of Akin Road; no other future stub streets are planned. The Hansen property, located to the southeast, is currently a large lot estate with no pending development plans. The Hansen property also contains a 3 9<6' large amount of flood zone that is located on the south half of the property and bisects the property in half(see attached map). Any future road access to serve the Hansen property could possibly be stubbed through Outlot I to serve the buildable area, ultimately creating a longer cul-de-sac (ifthe road is not looped to Akin Road or 208th Street). The alternative road access to serve the Hansen property would be by creating another long cul-de-sac off of Akin Road. There are possible design concerns by creating staggered road intersections beginning at 208th Street to the proposed Middle Creek Estates access. Wetland Requirements Wetlands are located on three sides of the proposed plat. A MN DNR protect wetland is located to the west that requires a minimum seventy-five (75) foot buffer. A Manage 1 wetland is located to the east of the plat, allowing an average buffer of fifty (50) feet and requiring a minimum thirty (30) foot buffer. Also a Manage 2 wetland is located along the southern edge of the plat but should not impact any of the platted lots. The minimum structure setback from all the above buffer areas is ten (10) feet. Another small wetland, identified as wetland #2, located on the north side of the plat and south of the entrance access, will be impacted by the development. John Smyth, Bonestroo Rosene Anderlik & Associates Engineering, is recommending that the developer's engineer submit a wetland impact application and follow the formal sequencing process. As part of the Development Contract, the developer will be responsible for the installation of wetland and conservation identification signage. Engineering Comments Lee Mann, Public Works Director/City Engineer forwarded a review letter dated October 22, 2001 to Keith Willenbring, Pioneer Engineering to address the issues listed within the letter. Mr. Willenbring forwarded a letter along with revised plans addressing all of the issues identified. by Engineering staff (see letter dated November 7, 2001 from Keith Willenbring, Pioneer Engineering). Park & Recreation Comments The Park & Recreation Division is requesting a trail be placed between Lots 1 & 2, Block 2 to allow for access to the future park space south and west of the proposed plat. Staff is also requesting that a sidewalk be constructed on one side of the street per City standard plates for roadways that are 28-feet or less. The developer is agreeable to the construction of both and will be identified on the construction plans. Public Safety Comments Ken Kuchera, Fire Chief, completed review of the proposed preliminary plat for public safety and forwarded the following comments: 1. The diameter of the cul-de-sac turn around needs to be 100 feet in order to allow appropriate turning radius for fire apparatus; 2. The proposed center island within the cul-de-sac presents an obstacle to turn around; elimination of the center island is strongly encouraged; 3~~ 3. The proposed 30-foot back-to-back roadway is too narrow to maneuver, especially if parking is allowed on one side of the street. Recommendation is to restrict on-street parking if width is to remain at 30-feet or increase the road width to 34-feet; 4. Hydrant coverage is not met between the first and second hydrants. City staff has determined that the developer meets the minimum street width and design requirements. Parking will be restricted to one side ofthe street, allowing for a twenty (20) foot wide drive lane. It is staffs opinion that on-street parking will be minimal within this development due to the likelihood that most of the homes will have three (3) stall garages with additional parking within the driveway. The issue concerning the landscaped island has not been discussed with the developer. Landscaped islands have been a feature that has been apart of recent subdivision designs within cul-de-sacs. Heritage Preservation Commission Comments The Planning Division forwarded a copy of the proposed plat to the Heritage Preservation Commission because the plat abutted an abandoned cemetery that was potentially a heritage landmark site. Robert Vogel, Preservation Planning Consultant, forwarded the following comments (a copy of the letter and Heritage Preservation minutes is attached): 1. Cemeteries are deemed eligible for designation as Farmington Heritage Landmarks; 2. Determine ownership of the cemetery; 3. The developer should provide public access to the cemetery in the form of a dedicated trailway or easement; 4. Develop a preservation plan for the cemetery site and require the developer to stake the property comers and establish appropriate fencing for protection of the property. Staff has determined that the Farmington Presbyterian Church currently owns the property and has been in contact with City staff. The Heritage Preservation Commission is considering accepting the property as a historic landmark. City staff has determined that access to the property. can be gained through existing City property located on Eaves Way and the dedicated OutlotA. Comments from External Agencies MN DNR, summary of comments (a copy of the letter is attached): 1. The volume of traffic generated from the plat does not seem to warrant a 30-foot wide road or a 100-foot cul-de-sac and would recommend reducing the amount of impervious surface within the development; 2. Overland sheet drainage and use of swales should be considered to allow for the removal of sediment and nutrients and provide the opportunity for evaporation and some amount of infiltration to occur; 3. Resident education about the importance of wetlands is stressed (staff currently is working on wetland information to be distributed to property owners abutting wetlands along with the placement of wetland buffer signs). City staff has discussed the comments from the MN DNR and feels the developer is meeting all required street design and storm sewer standards as specified within the City's Standard Templates. Dakota County Soil and Water Conservation District forwarded comments and recommendations pertaining to site design and erosion control; none of the comments appear to affect the plat itself (a copy of the letter is attached). <;'00 ACTION REQUESTED Consider approval of Middle Creek Estates Preliminary Plat contingent upon the following revised contingencies as originally given by the City's Planning Commission. I. The developer continue discussion with both the City and private property owner to realign the private drive of the existing home located to the north of the proposed intersection off of Akin Road in order to avoid conflict with a proposed turn lane. 2. A Conservation Easement be dedicated to protect the vegetation; 3. A trail be installed between Lots I & 2, Block 2 within the 20-foot wide drainage & utility easement; 4. The developer re-survey the cemetery site to ensure no additional markers lie outside the property and to identify the cemetery's property comers; 5. Complete a tree inventory of the site from house pad to house pad to be reviewed by the Planning Commission and approved by City staff. Respectfully submitted, cc: Larry Frank, Arcon Development, Inc. Don Patton, D R Horton File '10/ 09/18/2001 14:04 651 463 lFH 09/18/01 Tt"E 1.J; 48 FAX 651 ~ 1611 CITY OF F.~INGTON 14.4 ~, I4J 001 APPLICA~!ON FOR ?LAT REVIEW DATE 9 -/'J -0 I J?LAT NAME Ih,'ddl. 1Jtu'- &~r LOCATION W'e..1 DP- 11j..,^ tz.Q.~J cui (lOlC.f ~(' ~;.J' '- C~ PvD AREA BOUNDED BY ~'''11. p,....j, ". 1oJ.....1J- ... C..s~ woa~ h A~ 1'1,-J./1c... f':::f-PU-P , ' -t.r. "'" c . TO't.AL GROSS 'AREA ~b. 71 ~. ~4- ItIl€A :II I~ .74 ~ ~-~ P'-'D 4~t: I) tV .t7EV~,d...,. ~ '7" /,c./C. IED/foJA /tt~. S~~.3~ , FHONE: . '1$"2 - g 3;--"98 / ,(~ 9S2. - 9$$ - 00 w~ N.&'1E & ~o\DDRESS OF L.o\1-ID SURVEYOR!ENGINEZR ../1,)."" ~~ ~ 7'-" ec-....'z / ZY'.l. ~ E^,~I'/l,/$ ~ .()t2. "1~~" /If.r_ /tWo <sS 11,4) 1''8.0 bS/-/'Sl"'/~/~ , " "'MlES .. ADDRESSES Of ALL ADJOL'ffilG PROPERTY O.<lns AVAIL'.3LE noM.:~ ""'4 ~lA.b,..( ~ ON: PLAT REVIE'"w OPT!ON; f12€l./n. /A.I ~ Y ~L~ /f./'/ ~ c A-??q AJ PREL L"1INARY & F!NAL TOGET~R; IN SEQUENCE: _/. I~ 'v PRE 'ElLAT ADMIN!STR2~.-:IVE fEE: ,0/ /) - It'" PRE PLAT SlJRETI = · Z/' +'0 - I HEREBY C:ERT!:~ 'IE..';''! I ~ (1J.'E ARE) THE FEE OWNER(S) OF THE A30VE LAl.'ID, ~....AT THE PERSON PREFARING THE FLAT H.<\S RECEIVED A con OF TITI.E ll, CHAPTERS 1 'tHRU 5. ~'-fTI!!.ED "SUEDIV!SIONS" A},'1) TITI..E LO. CaAPTF.:RS 1 TIiRU 12 ENTITLED "ZONING" OF TEE F~v~NG'ION CITY CODE AND ~ILL PREP.~~ IHE PLAT IN ACCORD~~CE WITH TEE PROVISIONS CONT.~NED THZREIN. ZONING DISTR1C~(S) NAMES & ADDRESSES OF ALL owrLRS 1/,t.S P\.~ h~" N-3.rtJ ~~_. .~ SIGNATURE OF OWNER c;-IW-oJ DATE 1 . SKETCH PLAN 2. STAr: AND DEVELOPER CONSENSUS ~~@~DW~ ~~ I SEPIS2UI \ ~ ADVISORY MEETI~G: ~ ~1k "2. C. s. F. l.R:.f. E:>u<- O^ ~...f 1tc."C~ of! 14.,4 .+=, ~Q;? w z*~ ~ 0- - Q) s.... c.. (j) Q) ...... CO +-' f) ......J ~ Q) Q) s.... () Q) - "'C "'C ~ ...... CO - c.. ~ CO c oE en ... <1> ... ro o:g~~a. 0.._ () en e~ w a. D ~~ "tj "'C~ ~() '/03 ~ ro o..~ ~.o ~ro .- 0 .E .9 0) C '- 0.. . ro eno.. O)-c ) .... -2 WLL. .:s:.~ O)-c ~ c Uro 0)10 :g~ ~ ..........,.,. "' z.~ ;l: -0 C Q) C> Q) ...J c: 'ffi CL Ul-g "Co c:_ <<Ill.. +::.... Q) <<I ~~ ~g Z~ ffiJl D <I>..::c: =0<1> '"O~ ~() yo! City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: City Planning Commission . FROM: Michael Schultz r <- Associate Planner \P SUBJECT: Consider Subdivision Variance Request - Middle Creek Estates Plat DATE: November 13,2001 INTRODUCTION The applicants, DR Horton, Inc. and Arcon Development, Inc., are seeking approval of a nine hundred and ten (910) foot variance to the 500-foot maximum allowed under Section 11-4-3 (B) of the City Code. DISCUSSION The length of the 1,410 foot cul-de-sac, as proposed as part of the Middle Creek Estates plat, is measured from the curb line of the intersecting street at Akin Road to the center radius at the end of the cul-de-sac. Section 11-4-3: Streets & Alleys (B) Local Streets And Dead-End Streets: Local streets should be so planned as to discourage their use by nonlocal traffic. Dead-end streets are prohibited, but cul-de-sacs shall be permitted where topography or other physical conditions justify their use. Cul-de-sacs shall not be longer than five hundred feet (500'), including a terminal turnaround which shall be provided at the closed end, with a right-ol-way radius of not less than sixty feet (60'). The lots in cul-de-sacs shall be arranged in a manner which anticipates snow removal. The proposed cul-de-sac, stubbed to the west of Akin Road, is situated between two wetlands, the Middle Creek tributary and existing residential development. The topography of the land rises from Akin Road up to two knob hill's that forms a low ridge line running toward Middle Creek. To the north of the proposed plat is the Pine Knoll neighborhood, a road access was never stubbed out to the property to the south mainly due to an abandoned cemetery and the topography of the land. To the east of the proposed plat are large single-family lots that restrict and additional accesses other than what is proposed off of Akin Road. Also located to the east is a Manage 1 type wetland. Located to the west is a MN DNR Protect wetland that runs the entire </tJ.5 length of the proposed plat. To the south is the Middle Creek tributary and Manage 2 type wetlands. The Hansen property, located in the southeast comer of the end of the cul-de-sac may allow for the cul-de-sac to be extended to the property through Outlot I, but because the location of current and proposed road accesses, this may cause a staggered road access effect along Akin Road if the Hansen property were to ever develop. The developers are proposing to loop the water main service within the plat through the future park space and to the future north/south road within the Middle Creek PUD. The Planning Commission recommended approval of a variance request on August 8, 2000 to exceed the 500-foot maximum cul-de-sac length code requirement for two cul-de-sacs, up to 115 feet, for the Vermillion Grove development. Section 10-8-6 Variances states: The Board of Adjustment shall have the power to vary from the requirements of this Title, and to attach conditions to the variance as it deems necessary to assure compliance with the purpose of this Title. (A) Literal enforcement of this Title would result in undue hardship with respect to the property . Response: The property is virtually land locked at this time due to existing developments and natural features. (B) Such unnecessary hardship results because of circumstances unique to the property. Response: The Fire Chief has reviewed the plat containing the cul-de-sac length and determined that if the cul-de-sac has an unobstructed lane of traffic 20 feet in width and an adequate turnaround radius (lOO-foot radius is minimum, the Fire Chief is requesting either removal of the center island or a wider radius for larger apparatus). (C) The hardship is caused by provisions of this Title and is not the result of actions of persons presently having an interest in the property. Response: Section 11-4-3 (B) of the City Code restricts the length of cul-de-sacs to 500 feet in length. (D) The variance observes the spirit and intent of this Title, produces substantial justice and is not contrary to the public interest. Response: Without the possibility of a variance to the length of cul-de-sac the developer would be severely limited in the development of the property. Alternatives would be to plan for a future access through the Hansen property or to construct a road through the easterly wetland to a small access point (see attached map). YO~ (E) The variance does not permit a lower degree of flood protection than the flood protection elevation for the particular area or permit standards lower than required by State law. Response: The proposed plat and cul-de-sac will not permit a lower degree of flood protection. ACTION REQUESTED Staff recommends approval of the variance to allow for the construction of a 1,41 O-foot cul-de- sac as part of the proposed Middle Creek Estates Preliminary Plat based on the findings as outlined in the City Code. Michael Schultz Associate Planner cc: Larry Frank, Arcon Development Don Patton, DR Horton, Inc. File VOl .**~ * PIONEER ~ engineering *.*if i- Re S Pi)!' ~ +~ LAI\r. .J./\",tJ\J\\ S {)c+ 22 I Zoo ( /ef.!..er Civil Engineers · Land Planners · Land Surveyors · Landscape Architects November 7, 2001 Mr. Lee Mann City of Farmington 325 Oak Street Farmington, Minnesota 55024 RE: Middle Creek Estates, Farmington P.E. Job # 100512 Dear Mr. Mann: Attached are three copies of the revised preliminary plat plans and storm sewer calculations based on your review letter dated October 22, 2000. The comments have been addressed as follows. General Comments 1. The realignment of the driveway is a result of the turn lane installed on Akin Road. The current land owner will have to be contacted as to the realignment. This is private land not included in the plat, and further review will be required during final plans. 2. Storm sewer calculations are attached. The pond was increased slightly for phosphorous treatment, which required additional tree removal. Preliminary Plat 1. The wetland removal and mitigation were addressed in the wetland permit processed with the grading of Middle Creek 1 st and 2nd Additions. At that time, the removal ofwet1and in Middle Creek Estates was expected, and the wetland produced south of the multifamily was to be used for mitigation as required. Grading Plan 1. Lot and Block numbers were added. 2. Lot comers were added. This is a preliminary grading plan and the elevations may later change. 3. The west end of the pond was enlarged in part with the phosphorous treattnent. 4. Additional storm sewer was placed on the north end of the cul-de-sac. 5. "CG" indicates "Custom Graded" house site. These are used in an attempt to save trees in these areas. Proposed house type and elevation are indicated as a guide for the custom lot design. 6. The ownership of the outlots with the shed is planned to be transferred to the adjacent land owners as needed. 2422 Enterprise Drive. Mendota Heights, Minnesota 55120. (651) 681-1914. Fax 681-9488 625 Highway 10 N.E. · Blaine, Minnesota 55434 · (763) 783-1880 · Fax 783-1883 .'10<0' Preliminary Utility Plan 1. The fire hydrant on lots 1 and 2, Block 1 was shifted to cover lots 13 and 14. This also removes possible future conflict with the storm sewer. 2. A valve was added to the cul-de-sac. PreIiminary Landscape Plan 1. The curb length of the cul-de-sac is approximately 2940 feet. With tree spacing of 40' this leads to 73 trees. Currently 73 overstory trees and 11 evergreen trees are planned. The spacing on the preliminary landscape plan was used to indicate two trees per lot, which will work better while working with individual home owners. Again, the proposed trees were oversized by Larry Frank: above the city requirement. Detall Sheet 1. References to city plates were added. If you have any questions, or require additional information, give me a call. Sincerely, ~~ Keith A. Willenbring, P .E. cc: Lee Smick, City of Farmington Larry Frank:, Arcon Development encl. '109 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us October 22,2001 Mr. Keith Willenbring Pioneer Engineering 2422 Enterprise Drive Mendota Heights, MN. 55120 RE: Middle Creek Estates Preliminary Plat Review Dear Mr. Willenbring, Engineering staff has reviewed the preliminary plat information that was submitted for the above referenced project. The following comments need to be addressed with the next submittal. General Comments 1. Realign the driveway of the existing home on Akin Road (North side of proposed access) such that the driveway is located on the Middle Creek Estates street. Show on preliminary grading plan. 2. Submit storm sewer calculations with area map. Sheet 2 - Preliminary Plat 1. An area of wetland removal is shown. Where will wetland mitigation be located? Sheet 4 - Preliminary Grading Plan 1. Place lot and block numbers on this sheet. Outlots should also be labeled. 2. Include lot comer elevations. 3. The west end of the pond appears to be rather shallow. Verify that the minimum depth of the pond is at least 4 feet. 4. Verify that storm water flow lengths do not exceed 400 feet (northeast ofHP). 5. Several of the proposed homes are labeled as "CG". What does this stand for? 6. Sheds are shown in the proposed outlot areas. What will be happening with these sheds? 'I/O Sheet 5 - Preliminary Utility Plan 1. Provide additional fire protection for Lots 13 and 14, Block 2 (225' radius). 2. Provide a valve in the cul-de-sac, on the loop line to Middle Creek East. Sheet 6 - Preliminary Landscape Plan 1. Trees are to be provided at 40' spacing. Sheet 7 - Detail Sheet 1. Reference City of Farmington Standard Plates wherever possible (Silt Fence - ERO-Ol; Heavy Duty Silt Fence - ERO-02; Temporary Construction Entrance - ERO-08; Typical Bench Detail- STO-21, etc.). If you have any questions or comments regarding these review comments please do not hesitate to contact me at (651) 463-1600. Sincerely, --;L M~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Lee Smick, City Planner Larry Frank, Arcon Development .....----- --.-_. - -." -..... '/// City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us October 30, 2001 Mr. Larry Frank Arcon Development 7625 Metro Boulevard Suite 140 Edina, MN 55439 Mr. Don Patton D R Horton 20860 Kenbridge Court Suite 100 Lakeville, MN 55044 RE: Middle Creek Estates Preliminary Plat City staff has reviewed the submittal for the Middle Creek Estates Preliminary Plat. The following are Development Committee comments that need to be addressed: 1. Recommend Outlot A be split into two outlots, one including the wetland area and one including the parkland. 2. Recommend Outlot A as a Conservation Easement in order to protect the vegetation on the property in perpetuity. 3. Require a tree inventory to determine the removal limits of trees on the property. 4. Require a sidewalk on one side of the 28-foot wide street as shown on the attached City Standards Detail Plate No. STR-05A. 5. A trail is required within the 20-foot wide drainage and utility easement from the cul-de-sac to the proposed park in Middle Creek. 6. Require Developer to stake cemetery boundaries to determine area of cemetery. . 7. Additional landscaping is required surrounding the storm water management pond in Outlot G. 8. The City is in the process of reviewing the existing wetland on Lots 1 and 2 to determine if wetland mitigation is required. 9. Require a variance request, for the cul-de-sac length. 10. The Developer should be aware that the 5.61 acres to the west of this plat owned by Bernard Murphy should be addressed with the Middle Creek East plat to provide roadway access to the Farmington Industrial Park from the north/south collector street in Middle Creek East. If you have any questions or comments regarding these review comments, please do not hesitate to contact me at (651) 463-1820. . t./ /~ Sincerely, ~~ Lee Smick, AICP Planning Coordinator cc: Ed Shukle, City Administrator David L. Olson, Community Development Director Lee M, Mann, Director of Public Works/City Engineer File '/13 - .'~. -~ .: ",_. - .<-.'.... '_.~"-'._";;- -...._-- "'.':- .....-... , , . . -~_.--._---..---_. , . Jim Bell om: nt: To: Subject: Mike Schultz Monday, November 05,20012:41 PM Jim Bell Middle Creek Estates Jim, Are there any comments from the Parks & Recreation Commission concerning the Middle Creek Estates plat? If there were can you please forward them over in a memo so they can be included with the staff report to the Planning Commission. Thanks Mike Schultz Associate Planner City of Farmington mschultz@ci.farmington.mn.us t1\ \ 't.-E I \' 0.."" \ L ~ ~ N\. Q...v.. ~ ~ <; ~ c..... To \..1..,.,;) N.~c::::1::> ~~\ ~~S"'). c.oNNCTC-~ ~ ,~\.~ ~,",,_n.€ ~~'?- ~ t'ft-(tl(.. ~~s ~ <2:>.c:: ~~\.<::...A,e\:::> u.)\~ ~\1:>"\_:~ ~~ t=..f'l~?- 1 l/I'I . - ,-- - .." -~ ~--_._-- --_. - - ,..---.... -.--..-,..-- Mike Schultz From: mt: .>: ~ubject: Kenneth Kuchera [kenneth.kuchera@metc.state.mn.us] Thursday. October 25, 2001 6:13 AM Mschultz@ci.farmington.mn.us MIDDLE CREEK PRELIMINARY PLANS The fire department has reviewed Middle Creek Estates Preliminary Plans. The following concerns need to be addressed: 1. This plan to my knowledge is a first for our city. The distance of the roadway to the dead end cul-de-sac is approximately 1500 feet. We have driven our apparatus to the new Middle Creek East addition to compare and determine roadway width and turning radius needed. The minumun roadway (blacktop) cul-de.sac diameter needs to be 100 feet. The plan does not indicate that diameter. My understanding is the curbs are the sloped style. This cannot be figured into the roadway diameter distance required. The winter season will reduce the roadway diameter of the cul-de-sac. 2. The center island of the cul-de-sac presents another obstacal for us to manuver around. A structure fire response will require both of our class A pumpers, mini pumper and fire/rescue unit. The combination of one of our pumpers setup at the cul-de-sac hydrant and the center island presents a real challenge for us to get our apparatus turned around to position and or exit the cul-de-sac. The iIIimination of the center island is strongly recommended. 3. The roadway width is proposed at 30 feet. This is to narrow for us to manuver especially when on street parking is allowed even on one side of the street. Our class A apparatus width from outside mirror to outside mirror exceeds 10 feet. With on street parking it would be questionable if one apparatus meeting the other could pass. The proposed width of the roadway is acceptable if NO on street parking is allowed and signage is in place to reflect that. If not, the roadway width needed is 34 feet. 4. The hydrant to hydrant distances are acceptable with one exception. The first hydrant distance from center of Akin Road measures a distance of approximately 200 feet. The distance to the next hydrant is 450 feet. Another hydrant will be required to reduce the 450 foot distance not to exceed 300 feet. Consider this e-mail as my review and comments. Don't hesitate to contact me with any questions. cespectfully, <3n Kuchera .re Chief 1 l//5 MEMORANDUM 1 October 2001 TO: Michael Schultz, Associate Planner FR: Robert Vogel, Preservation Planning Consultant RE: Review of Middle Creek Estates Preliminary Plat Thank you for the opportunity to review and comment on the preliminary plans for the proposed Middle Creek Estates subdivision. I have consulted the city's inventory of historic resources and there are no recorded historic buildings or archeological sites within the platted area. The small rural cemetery that abuts the north boundary of the platted area is considered historic, although it lies outside the geographic area covered by previous surveys of historic sites conducted under the auspices of the Heritage Preservation Commission. Cemeteries are a type of historic property deemed eligible for designation as Farmington Heritage Landmarks. The city has adopted standards for the preservation of historic properties affected by development projects. In this case, planning for the preservation of the cemetery needs to focus on identification and documentation of its historic characteristics, as well as safeguarding the site against possible adverse impacts from development activities. I recommend the following historic preservation actions with respect to the preservation, protection and use of the cemetery: 1. Determine ownership of the cemetery. (Abandoned cemeteries are usually assumed to be owned by the city.) 2. Require the developer to provide public access to the cemetery in the form of a dedicated trailway or easement. This should be a condition of plat approval. 3. Develop a preservation plan for the cemetery that delineates its distinctive historic features (markers, vegetation, etc.) and identifies a program of site protection and maintenance. Developer financial participation in the cemetery preservation plan should be considered as a condition of plat approval. I have based my recommendations upon the goals and policies contained in the Historic Preservation Element of the Farmington 2020 Comprehensive Plan Update, and on the Secretary of the Interior's Standards for the Treatment of Historic Properties. If you have any questions about the preservation issues raised in this memorandum, or if the Planning Division requires technical assistance on preservation planning matters, please do not hesitate to contact me by phone (604-0175) or e-mail (rcvogel@earthlink.net). '/Ir; . Possibility of Linking with Church of the Advent Web site. . Educate Realtors in how they market Historical Homes in Farmington . Work with Hardware store in marketing historical colors in paint lines . Educate local contractors in methoas used in restoration work . View other web sites for additional ideas Robert Vogel will bring to the next HPC meeting documents and information that currently exists. * b. Middle Creek Estates Preliminary Plat - This plat abuts an abandoned historic cemetery with no access to a public road. Planning staff requested comments from the HPC. MOTION by Tharaldson, second by Rice to determine ownership of the cemetery, require the Developer to survey the cemetery property, provide property stakes and appropriate fencing and that this be a condition of plat approval. Also, that the City provide access to the cemetery in the form of a dedicated trail way through the adjacent City property. The HPC will develop a preservation plan for the cemetery that delineates its distinctive historic features (markers, vegetation, etc.) and identifies a program of site protection and maintenance. APIF, MOTION CARRIED. 9. Miscellaneous a. HPC Vacancy Advertisement for vacancies on Boards and Commissions is made in the Farmington,Independent and in the NovemberlDecember issue of the City Newsletter. b. Future meeting - The next meeting will be a special meeting set for December 6, 2001. 10. Adjourn - Motion made and seconded to adjourn at 9:00 p.m. Respectfully submitted, ~&;~ Karen Finstuen Administrative Services Manager '11/ Minnesota Department of Natural Resources October 17, 2001 Mr. Michael Schultz City of Farmington 325 Oak Street Farmington, MN 55024 Re: Review of the Paramilitary Plat for Middle Creek Estates Dear Mike: I have reviewed the set of plans for the Preliminary Plat of the above-mentioned site. I have a few comments that I would like to be taken into consideration for this proposed project before the plat is approved. At this point the project plans do not take into consideration any alternative site designs for stormwater management. The following list outlines areas where design changes could be made to minimize the potentially adverse impacts from this development. 1. The street for this development is currently designed to end in a cul-de-sac. The volume of traffic generated from the 26 homes does not seem to warrant a 30' wide road or a 100' diameter cul-de- sac. A narrower cross section would help to significantly reduce the amount of impervious surface within the development. 2. The design also includes the use of curb and gutters with stormwater being piped to stormwater ponds. There are opportunities on this site to slow runoff and reduce the stormwater volume with simple design changes. The design for the roadbed retains some of the slope that currently exists on the site. With the elimination of curb and gutters the stormwater could be directed as sheet flow onto the 25' front yard set backs and then designed to move as overland flow towards the stormwater ponds (some piping may be necessary to move the water from the east to the stormwater ponds on the west side). Allowing the stormwater to be conveyed in open swales would allow for the removal of sediment and nutrients and provide the opportunity for evaporation and some amount of infiltration to occur. DNR Information: 6 I 2-296-6157. 1-800-766-6000 . TrY: 612-296-5484, 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity ft Primed on Recycled Paper Conlaining a f.t) Minimum of 1()~1c Post-Cunsumer Wasle I..//C? 3. Another consideration to be triade is to inform residents about the functions and importance of the wetland buffers on their property. As the design for this development moves forward, a way to keep residents permanently informed about the wetland buffer easements should be implemented. The incorporation of innovative approaches to stormwater management can improve the aesthetics of the development while helping to protect the quality of water and habitat in the adjacent wetlands. Thank you for the opportunity to review this plan. Sincerely, -J'! ~ O.rJ/w. Michele Hansort Community Assistance Coordinator (,-5I-na.- &'1'5 ~ Metro Region Watershed Initiative, MDNR cc: Lee Smick, City of Farmington Pat Lynch, MDNR </19 .-:.,. DAKOTA COUNTY SOil AND WATER CONSERVATION DISTRICT Dakota County Extension and Conservation Center 4100 220th Street West, Suite 102 Farmington, MN 55024 Phone: (651) 480-7777 FAX: (651) 480-7775 www.dakotaswcd.org October 9, 2001 Mr. Michael Schultz Associate Planner City of Farrnington 325 Oak Street Farmington, MN 55024 Ref.: 00-FRM-037 RE: REVIEW OF THE PREL!MINA.~Y GP~ING PLAN FOR THE MIDDLE CREEK ESTATES Dear Mike: The Dakota County Soil and Water Conservation District (SWCD) has reviewed the Preliminary Grading Plan for the above-mentioned site. This project entails 26 single-family lots on approximately 40.7 acres. Approximately 0.27 acres of permitted wetland fill is proposed. The following report summarizes the proposed erosion controls and submits additional erosion control recommendations. We observed thefollowing'erosion'and sediment controls on the plans: 1. Silt fence at the grading limits. 2. One stormwater pond. 3. Some erosion control details. We have the following comments and recommendations regarding site design and erosion control: 1. If grading is scheduled to start this fall, it is critical to plan how the site will be stabilized before weather prohibits effective erosion control. Note the following: a. All exposed areas should be seeded and mulched before the Nov. 15 dormant seeding deadline. b. No areas should be left exposed over the winter. 2. All graded slopes tributary to wetlands should be brought to final grade and stabilized imIDcuiai.dy. 3. Construct the permanent stormwater ponds' first to use as temporary sediment basins. Install a riser or similar device to enhance sediment trapping efficiency and a controlled overflow structure. 4. Place double rows of revised Mn/DOT heavy duty silt fence to protect the site's wetlands (outside of the proposed buffers and about 6 feet apart) in the following locations: a. Between the proposed stormwater pond and Pond F-P7.14 b. Lot 11 of Block I c. Lot 6 of Block 2 5. Stabilize all 3:1 and steeper slopes with erosion blanket or equivalent. Show the location of these areas on the plan. Require that once these areas are exposed, they are finish-graded and stabilized promptly. 6. Install all silt fence on-contour. Cross-contour silt fence tends to concentrate nmoff and cause silt fence failures. Install I-hooks on silt fence that must go downslope. 7. Show the location and type of energy dissipation devices at all storm sewer outfalls. 8. Show the location and type of check dams in areas of concentrated flow. Do not use hay bales. AN EQUAL OPPORTUNITY EMPLOYER <Ide) Middle Creek Estates OO-FRM-037 2 9. Show the location of the rock construction entrance. 10. Include notes regarding NPDES permit requirements on the plan, including inspection and maintenance timing. 11. Include locations and specification of all erosion controls on the plan. 12. Additional controls may be deemed necessary during construction to protect the onsite wetlands. Thank you for the opportunity to review this plan. Because the sites will disturb more than five acres, a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit is required. Good implementation, consistent monitoring, and maintenance of all erosion control measures are important to minimize erosion on this construction site. Call me at (651) 480-7779 if you have questions. Sincerely, ~~~ 7Ja~ :g~~CPESC Urban Conservationist cc: Lee Mann, City of Fannington Larry Frank, Arcon Development, 7625 Metro Boulevard, Suite 350, Edina MN 55439 yo;/ .....;Jf* it Uti Iqr 111;l1t "*jO.: if !!H ~I, 'H~Hls I t ,Iii 'I ' hl:a! ' ! II · ! 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D S S 'I "\ iF 11~'llii i!11 J il 'I, It LOT UNE ~ ~~ -: ~~ ~ /'~ !l ~ ~2 ~ f:l ...", F r; i=~ tl"n ~-< ~ !jJ g r:: F LOT UNE ~ ~ z o ~ LOT UNE LOT UNE , C " =< I i ~ ~ : n~ ~_I El !1,,;l" ~ l~~)\~ i= F ~ ~ ~ !jJ r:: U1 i"V c:? 9 NCHT OF WAY LM .'-T !I~ ~ ~ ~ lod City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminJrton.mn.us TO: Mayor, Councilmembers, City Administrator~~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Consider Resolution - ISO 192 Schoolhouse Addition Development Contract DATE: November 19, 2001 INTRODUCTION The Development Contract for ISD 192 Schoolhouse Addition IS forwarded herewith for Council's consideration. DISCUSSION The final plat for ISD 192 Schoolhouse Addition was approved by the Planning Commission on September 25, 2001 and by the City Council on October 1, 2001. The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolution approving the execution of the ISO 192 Schoolhouse Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~rn~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file Y~9 RESOLUTION NO. R -01 APPROVING DEVELOPMENT CONTRACT ISD 192 SCHOOLHOUSE ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 19th day ofNovernber, 2001 at 7:00 P.M. Members present: Members absent: seconded the following resolution: Member introduced and Member WHEREAS, pursuant to Resolution No. R 90-01, the City Council approved the Preliminary Plat ofISD 192 Schoolhouse Addition; and, WHEREAS, pursuant to Resolution No. R 90-01, the City Council approved the Final Plat of ISD 192 Schoolhouse Addition subject to the following conditions: 1. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division; 2. The developer submit the letter of credit and certificate of insurance required under the terms of the Development Contract. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned development, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms of this Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of Novernber, 2001. Mayor Attested to this _ day of ,2001. City Administrator SEAL <./30 DEVELOPMENT CONTRACT AGREEMENT dated this 19th day of November, 2001, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Independent School District No. 192, a Minnesota political subdivision, (DEVELOPER). 1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for Schoolhouse Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement. c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the fmal plat. 3. Development Plans and Rieht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. 4. Sales Office Reauirements. Not applicable. 5. Zonine/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 1 ~3/ 6. ReQuired Public Improvements. Floodplain Mitie:ation and 19Sth Street Assessments. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. Floodvlain Mitigation The Developer is required to mitigate for the project's floodplain impacts. The floodplain mitigation plan will need to be approved by the City and the approved mitigation measures must be completed before a certificate of occupancy will be issued. 195th Street Assessments The Developer is responsible for a proportionate share of costs for the construction of 195th Street. The Developer shall be responsible for the costs of the construction apportioned by the City to properties abutting or adjoining the improvement, and any failure by the Developer, or its successors and assigns, to pay its apportioned costs shall constitute a breach or default under this agreement. The Developer waives any and all procedural and substantive objections to the assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Developer waives any appeal rights otherwise available pursuant to MSA ~ 429.081. The Developer will participate in construction and easement acquisition costs associated with the construction of a biketrail on the south side of 195th Street. This biketrail would be constructed as part of the 195th Street Improvements. 7. Time of Performance. The Developer shall install all required public improvements by July 31, 2003, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 2 Y3~ 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the fmal wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Gradin2 Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ 3,536.00 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapin2. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving, construction of public improvements or other development shall be done in any subsequent phase until a fmal plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to 3 (j33 approve [mal plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been [mal platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manal!ement Fee. The Developer shall pay an area storm water management charge of$ 321,185.00 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit in the amount of $27, 772.00 will be given to the Developer for Storm Sewer Trunk Oversizing within the plat. The net result is a Surface Water Management Fee of $293,413.00. 16. Wetland Conservation and Mitil!ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Charl!e. The Developer shall pay a water main trunk area charge of$ 62,064.00 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of$ 29,136.00 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Charl!e. The Developer shall pay a sanitary sewer trunk area charge of$ 47,948.00 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 4 V3'1 20. Park Dedication. In recognition of the minimum impact the Development will have on the City Park and Recreation system and programs and the Developer's construction of recreational facilities which will be made available for limited use by residents of the City and the general public, the Park Dedication fees shall be considered paid in-kind. 21. Sealcoatinl!. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $7,831.00 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of $2,063.00 based upon the number of acres within the development. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with proof of a valid performance bond with the Developer's contractors and subcontractors in the full amount of the required improvements. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the completion date of the project, the City may complete the improvements and may assess the Developer's property for the cost of the improvements, and all incidental costs, pursuant to State law and the Developer hereby expressly waives any right to object to the assessment. 27. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees to the extent permitted by law. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. 5 0/36 D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 29. Existin!! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 30. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 31. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of erosion control devices, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines 6 f../3~ that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being fmal platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday: Saturday: Sunday: 7:00 am - 7:00 pm 8:00 am - 5:00 pm Not allowed without prior authorization EXCEPT: 1. The following modification to the allowed working hours expires on December 1,2001. At that time, working hours will revert to the above hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 AM. until 8:00 P.M. 8:00 AM. until 8:00 P.M. Not Allowed 2. All lighting necessary for work after dark must be directed away from residential areas. The lighting setup will need to be verified by City Engineering staff. 7 ~37 This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 32. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Douglas Bonar ISD 192 510 Walnut Street Fanrrlln~on,~ 55024 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Edward Shukle, City Administrator City ofFarmin~on 325 Oak Street Farmington, ~ 55024 8 <./3<8' SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Edward Shukle, City Administrator DEVELOPER: Independent School District No. 192 By: Its: Jerome Wacker ISD 192 School Board Chairman Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 9 </37 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20 by Gerald Ristow, Mayor, and by Edward Shukle, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the ofIndependent School District No. 192, a Minnesota political subdivision. Notary Public 10 <../ ~O EXHIBIT "A" The Southwest Quarter, Section 23, Township 114, Range 20 excepting therefrom the following two parcels: 1. The North 330.00 feet of the East 396.00 feet of the West 726.00 feet of the Northeast Quarter of the Southwest Quarter of Section 23, Township 114, Range 20, Dakota County, Minnesota, according to the Government Survey thereof. 2. The North 466.69 feet of the East 466.69 of Northeast Quarter ofthe Southwest Quarter, Section 23, Township 114, Range 20, Dakota County, Minnesota, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. 11 'I'll City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /O~ TO: Mayor and City Council FROM: Ed Shukle City Administrator SUBJECT: Empire Treatment Plant Expansion DATE: November 19,2001 INTRODUCTION Attached is an invitation to attend a meeting regarding the proposed expansion of the Empire Wastewater Treatment Plant. The meeting is scheduled for Tuesday, November 20,2001, at the NEW Apple Valley City Hall, comer of 147th Street West and Galaxie Avenue. The meeting begins at 9:00 a.m. DISCUSSION The meeting will also discuss the proposed Outfall routing and the draft Memorandum of Understanding (MOU) between the cities of Farmington, Lakeville, Apple Valley, Rosemount, Empire Township, Minnesota Pollution Control Agency (MPCA) and the Metropolitan Council. RECOMMENDATION For information only. Engineering staff will be in attendance at the meeting. 'I'I~ ~ Metropolitan Council Building communities that work Environmental Services Update Empire Expansion, Outfall and Draft Memorandum of Understanding ~ . A C . . uervlce ....~rea ommundles Tuesday, November 20, 2001 9:00-11:00 a.m. NEW Apple Valley City Hall 7100 14ih Street comer of 147th Street W. and Galaxie Ave. This meeting is to update you on the progress on the Empire Expansion Project and the Outfall routing project. We will also discuss the draft Memorandum of Dnderstanding (MOD) between the Cities of Farmington, Lakeville, Apple Valley, Rosemount, Empire Township, the Minnesota Pollution Control Agency and the Metropolitan Council. The draft MOD will be sent to you the week of November 12. Please contact Pauline, at 651-602-1805, if you have questions or are ullable to attend this meeting. Metro Info Line 602-1888 www,metrocounciLorg 230 East Fifth Street . St. Paul, Minnesota 55101-1626 . (651) 602-1005 . Fax 602-1138 . TIY 291-0904 An Equal Opportunity Employer Lj l./ 3 / Or[' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrato~ ') FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Set Joint Workshop Date - Recreational Vehicle Parking in Residential Zones DATE: November 19,2001 INTRODUCTIONIDISCUSSION At the October 1, 2001 meeting, a group of citizens addressed the Council requesting their consideration of an ordinance that would restrict the number of trailers and/or recreational vehicles stored on a residential lot. The City Council has directed staff to schedule a Joint Workshop with the Planning Commission to discuss this issue. The Planning Commission has agreed to either one of the following dates: Wednesday, February 13,2002 at 5:00 P.M. Wednesday, March 13,2002 at 5:00 P.M. ACTION REQUESTED Indicate the availability of the Council to meet on either of the above suggested dates to discuss the issue concerning the parking of recreational vehicles in residential zones. Respectfully submitted, ~.!22 Lee Smick, AICP Planning Coordinator I./1t(